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Advice please re; WESTCOT

hi all
just received letter from that lovely company WESTCOT acting on behalf of santander i am currently £858 in arrears with them and they are threatening action as follows

"if further recovery action is taken this may well result in legal proceedings being taken against you, which if successful, could result in:
- substantial legal costs
- Entry of your name in the ccj register etc
- an application to your employer for attachment of earnings
- a charging order against your property"


my question is as i am not yet bankrupt if they take action before i am what are the consequences after declared BR do they get written off with bankruptcy or do i have to pay the legal cost etc

thanks
:j

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The CCJ and ALL legal costs would be covered by the BR.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • deadinthewater
    deadinthewater Posts: 93 Forumite
    edited 29 October 2010 at 8:55PM
    thanks fermi
    so it doesnt really matter if they take me to court or not then
    thats a relief was worried because it will take me a little while to save for BR fees that any court action in the mean time i would have to pay for

    what about attachment of earnings would the still have a right to claim from my wages?

    thanks again
    :j
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Nope. Doesn't really matter.

    With Wescot it could well be a bluff and load of hot air anyway.

    However, if it does go to court then make sure that you don't ignore it, and if you need help then post and ask.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    what about attachment of earnings would the still have a right to claim from my wages?

    If you deal with any claim properly and promptly, then they will never have a chance to go for that. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • hi
    when you say deal with any claim properly and promptly what does that mean
    sorry if i sound a bit thick but this is all new 2 me and a little daunting :(
    never been 2 court
    and only just started getting threats
    :j
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I mean respond on time to any documents/forms from the court.

    Should the court order you to pay something that you can't afford, then if you act quickly you can ask them to move proceedings to your local court and reconsider what you have to pay. I/we can help with that.

    Basically don't ignore it and bury your head in the sand.

    The only way things like "attachment of earnings" can happen is if the court orders you to pay something and you fail to do so. But if you don't ignore things and follow the correct procedures, then it should never get to the point when they can do that.

    Just to add as well, the basic stuff is all done by post, meaning that you don't need to go anywhere near the court. It's only if you end up requesting that what you pay is altered that you might have a short meeting at your local court.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • ok thanks for that and thanks for reassurance of help
    dont think i could cope without this forum bless you all
    :j
  • SUESMITH_2
    SUESMITH_2 Posts: 2,093 Forumite
    wescott may well be bluffing, its a lovely habit they have
    'We're not here for a long time, we're here for a good time
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